(A) It shall be unlawful for any person to sell, through a retail food establishment, mobile food establishment, temporary food establishment, farmers’ market vendor, or bed and breakfast establishment, any food which is unwholesome, adulterated, or misbranded, as provided in the State Food, Drug, and Cosmetic Act, I.C. 16-42-1 through I.C. 16-42-2.
(B) Samples of food may be taken and examined by the Health Officer as often as may be necessary to determine freedom from contamination, adulteration, or misbranding. The Health Officer may, on written notice to the owner or operator, impound and forbid the sale of any food which is unwholesome, adulterated, or misbranded, or which he or she has probable cause to believe is unfit for human consumption, unwholesome, adulterated, or misbranded, provided that in the case of misbranding which can be corrected by proper labeling, such food may be released to the operator for correct labeling under the supervision of the Health Officer.
(C) The Health Officer may also cause to be removed, or destroyed, any dairy product, meat, meat product, seafood, poultry, poultry product, confectionery, bakery product, vegetable, fruit, or other perishable articles which the Health Officer determines are unsound, or contains any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe.
(Ord. 2010-08, passed 2-23-2010) Penalty, see § 113.99